Tag Archives: Oath of Allegiance

In response to the fact that Nigerian terror group Boko Haram has sworn allegiance to Islamic States, analysts have primarily seized on what benefit Boko Haram is expected to get out of it, and whether the Nigerian insurgency needed a “propaganda” boost, at a time when they are facing a coalition of African states seeking to roll back them back.

This focusing solely on the question of benefit seems logical to the average western analyst, but is deeply problematic.

First, what is Boko Haram? An insurgency? A terrorist organization? Boko Haram, in their own words, is a jamaat (group) dedicated to dawa (proselytizing) and jihad (warfare against unbelievers). These words in and of themselves are pregnant with significance.

Consider from the prospective of those whom Boko Haram considers a relevant authority on these matters. Founder Mohammed Yusuf in 2009 reportedly stated that: “All Islamic scholars who undermine Ibn Taymiyyah, Sayyid Qutb, Hassan al-Banna and Osama Bin Laden are not authentic Islamic scholars.” Sayyid Qutb, in his seminal work “Milestones” had this to say about Dawa and Jihad:

“The movement uses the methods of preaching and persuasion (Dawa) for reforming ideas and beliefs and it uses physical power and Jihad for abolishing the organizations and authorities of the Jahili (pre-Islamic) system.”

As a Dawa and Jihad organization adhering to Qutb’s methodology, Boko Haram from the beginning was oriented towards the eventual seizure of territory upon which to rule while abolishing Nigerian rule.

Having reached a stage (or milestone as Qutb would have called it), where they felt it appropriate, Boko Haram announced in August of 2014 the establishment of an Islamic state over the territory they controlled in Northern Nigeria. At the time many western analysts misunderstood this claim to be one of a “rival” caliphate. Boko Haram reaffirmed its position of ruling territory in January of this year, noting in discussing its seizure of the town of Baga:

“As for it’s importance to us, it’s because of it removes that military presence from the lands of the Islamic state, and hence establish the Shariah of Allah in the region, and attain safety and security in it for Muslims.”

It was during this period that Boko Haram began openly expressing itself with Islamic State imagery, including their version of the black shahada flag, and using nasheeds (acapella singing) popular with IS fighters in their videos.

Finally the Boko Haram’s Shura Council was previously reported to be considering whether or not to swear an oath to “Caliph” AbuBakr Al-Baghdadi. Having finally done so, it has been reported as an “alliance” or a “team up” but the reality is different. An oath to a caliph carries with it significant implications. Regarding the oath, Islamic jurist Ibn Khaldun (d.1406) wrote:

It should be known that the bay’ah (oath of allegiance) is a contract to render obedience. It is as though the person who renders the oath of allegiance made a contract with his amir, to the effect that he surrenders supervision of his own affairs and those of the Muslims to him and that he will not contest his authority in any of (those affairs) and that he will obey him by (executing) all the duties with which he might be charged, whether agreeable or disagreeable.

In practice, because of geographical distance, and because Boko Haram remains capable of operating independently, it’s unlikely that this degree of total control would be applied, particularly if Boko Haram is granted the position of an IS Province), but legally that is what has been sworn. It’s an oath which is pre-modern in its conception, and attempting to understand it in the context of a joint venture between two companies, or a nation-state alliance is an error.

As regards Islamic State’s view of the matter, many questioned whether Boko Haram’s oath would be accepted (it appears to have been). This should come has no surprise either, because Islamic State has explicitly told groups like Boko Haram that such an oath is not only welcome, but “obligatory.” The Islamic State noted in its Caliphate Declaration (This is the Promise of Allah) that:

We clarify to the Muslims that with this declaration of khilāfah, it is incumbent upon all Muslims to pledge allegiance to the khalīfah Ibrāhīm and support him (may Allah preserve him). The legality of all emirates, groups, states, and organizations, becomes null by the expansion of the khilāfah’s authority and arrival of its troops to their areas. (emphasis added).

This would seem to suggest that the Islamic State is now in the position to offer at least some level (of possibly technical) assistance to Boko Haram, thus representing an “arrival of its troops.” Nigerian President Goodluck Jonathan has already claimed that Islamic State has been training Boko Haram’s forces, although whether that’s true remains to be seen.

Seeking to understand and analyze jihadist organizations absent the context of the sharia law that dictates their actions and which they hold as legally binding and obligatory, continues to mislead and confuse.

People already can be blocked from naturalization for affiliating with totalitarian groups, or engaging in or advocating violence to overthrow the U.S. government. The report argues that the totalitarian prohibition can apply to adherents of radical Islam.

“Why totalitarianism? Because under radical strains of Islam, such as Salafism, it is impossible to reconcile separation of church and state,” the report says. “All civil authority bows to the wisdom of religious clerics in a theocracy. The best existing example (if one can use that descriptor loosely) of such a theocracy in action is the Islamic Republic of Iran. The worst example in recent memory is the Taliban when it ruled Afghanistan. Can one doubt that both examples point clearly to a totalitarian form of government in which no form of peaceful dissension or religious liberty is tolerated? In fact, dissension and religious differences are dealt with brutally.”

Under the proposal, someone could be barred from becoming a citizen if he or she is a follower of radical Islam to the extent that Islam and sharia law should supersede secular law and liberty in the United States. And citizenship can be stripped if it later is determined the person failed to disclose those beliefs.

The report describes the two existingprovisions for denaturalizing citizens under such circumstances. But there has been little focus or interest among federal authorities to aggressively pursue such cases, even when the offenders have been convicted of serious national security crimes.

The CIS report identifies 51 cases since 2003 involving naturalized citizens who were charged with and/or convicted of national security related violations. Of them, 34 (66 percent) were from Islamic countries or otherwise identified as being involved in an Islamist security threat violation case.

Denaturalized people revert to their prior immigration status, usually a permanent resident alien. But resident aliens convicted of certain crimes, particularly national security crimes, are subject to deportation. Even absent a criminal conviction, permanent residents can be deported if they obtained that status through fraud or misrepresentation.

This CIS report raises noteworthy issues that have lingered for nearly a decade. And while federal authorities appear to be lethargic in the pursuit of even national security denaturalization cases, there have been some successes such as Fawaz Damra and Abdurahman M. Alamoudi. Even the notorious criminal case against Palestinian Islamic Jihad (PIJ) operative Sami Al-Arian began as a naturalization fraud investigation.

But a handful of victories in a sea of ignored cases is not really success. There is much room for improvement and, ironically, improvement may not even require legislative change but no more than shift in focus and willingness by executive branch agencies responsible for investigating and prosecuting the violations. This matter appears ripe for congressional inquiry. The CIS report has opened that door.